Motorcycle Accident Complaint - Florida

COMPLAINT FOR DAMAGES (MOTORCYCLE COLLISION) — FLORIDA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. General Factual Allegations
4. Count I — Negligence (Against Defendant Driver)
5. Count II — Negligence Per Se (Against Defendant Driver)
6. Count III — Vicarious Liability / Dangerous Instrumentality (Against Defendant Owner)
7. Damages
8. Conditions Precedent
9. Prayer for Relief
10. Demand for Jury Trial
11. Signature and Service Blocks
12. Florida Practice Notes
13. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT

IN AND FOR [COUNTY] COUNTY, FLORIDA

Case No. [____________]

Division: Civil

COMPLAINT FOR DAMAGES (MOTORCYCLE COLLISION) AND DEMAND FOR JURY TRIAL

Plaintiff, [PLAINTIFF NAME], sues Defendants, [DEFENDANT DRIVER NAME] and [DEFENDANT OWNER NAME], and alleges:

2. PARTIES, JURISDICTION, AND VENUE

1. This is an action for damages that exceeds $50,000, exclusive of interest, costs, and attorney's fees, and is within the subject-matter jurisdiction of this Court under Art. V, § 5, Fla. Const., and § 26.012, Fla. Stat.

2. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a resident of [COUNTY] County, Florida, is over the age of 18, and is otherwise sui juris. At all relevant times Plaintiff was the operator of a [YEAR / MAKE / MODEL] motorcycle (the "Motorcycle").

3. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is [a resident of [COUNTY] County, Florida / a nonresident], is sui juris, and at all relevant times operated a [YEAR / MAKE / MODEL] motor vehicle (the "Subject Vehicle").

4. Defendant [DEFENDANT OWNER NAME] ("Defendant Owner") is [an individual resident of [COUNTY] County / a [State] corporation/LLC authorized to do business in Florida] and at all relevant times was the titled owner of the Subject Vehicle.

5. The collision giving rise to this action (the "Subject Crash," defined below) occurred in [COUNTY] County, Florida.

6. Venue under § 47.011, Fla. Stat., is proper in this Court because [☐ one or more Defendants reside in this county ☐ the cause of action accrued in this county ☐ property in litigation is located in this county]. Section 47.011 does not apply to actions against nonresidents; conducting business is not stated as an independent ground in that section.

3. GENERAL FACTUAL ALLEGATIONS

7. On [__/__/____] at approximately [TIME] (the "Crash Date"), Plaintiff was lawfully operating the Motorcycle in a [DIRECTION] direction on [STREET / ROADWAY] at or near [INTERSECTION / LOCATION] in [COUNTY] County, Florida (the "Subject Crash").

8. At the same time and place, Defendant Driver was operating the Subject Vehicle, owned by Defendant Owner, in the same vicinity.

9. Defendant Driver negligently [DESCRIBE CONDUCT — e.g., turned left across Plaintiff's lane of travel in violation of § 316.122, failed to yield the right-of-way, failed to maintain a proper lookout, misjudged the speed and distance of the Motorcycle], causing the Subject Vehicle to collide with the Motorcycle.

10. At all material times Plaintiff operated the Motorcycle with due care, at a lawful and reasonable speed, with the Motorcycle's headlamp illuminated, and in compliance with the traffic laws of the State of Florida.

11. As a direct and proximate result of the Subject Crash, Plaintiff was thrown from and/or pinned beneath the Motorcycle and sustained serious bodily injuries, including but not limited to [LIST INJURIES — e.g., fractures, road rash/degloving, traumatic brain injury, spinal injury].

12. The [name of law-enforcement agency] responded and prepared Florida Traffic Crash Report No. [____], [and cited Defendant Driver for violation of § [____], Fla. Stat.].

13. Plaintiff received emergency care at [HOSPITAL] and has since undergone [MEDICAL TREATMENT SUMMARY], with care ongoing.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

14. Plaintiff readopts and realleges Paragraphs 1 through 13 as though fully set forth herein.

15. Defendant Driver owed Plaintiff a duty to operate the Subject Vehicle with reasonable care under the circumstances, to obey Florida's traffic laws, and to keep a proper lookout for motorcyclists and other roadway users.

16. Defendant Driver breached that duty by one or more of the following acts or omissions:

• Failing to yield the right-of-way to the oncoming Motorcycle (§ 316.122, § 316.121, Fla. Stat.);
• Turning left across Plaintiff's lane of travel when it was unsafe to do so;
• Failing to maintain a proper and careful lookout for motorcyclists;
• Operating the Subject Vehicle at an excessive or imprudent speed;
• Following too closely and/or failing to maintain control of the Subject Vehicle;
• Operating the Subject Vehicle while distracted; and/or
• Operating the Subject Vehicle in a careless manner in violation of § 316.1925, Fla. Stat.

17. Defendant Driver's breach was the direct and proximate cause of the Subject Crash and of Plaintiff's injuries and damages.

18. As a direct and proximate result, Plaintiff has suffered the damages set forth in Section 7 below.

5. COUNT II — NEGLIGENCE PER SE (Against Defendant Driver)

19. Plaintiff readopts and realleges Paragraphs 1 through 18 as though fully set forth herein.

20. At the time of the Subject Crash, [§ 316.122 (vehicle turning left) / § 316.121 (right-of-way) / [OTHER]], Fla. Stat., imposed a mandatory duty on Defendant Driver that was enacted to protect the class of persons to which Plaintiff belongs (motorcyclists and other roadway users) from the type of harm that occurred.

21. Defendant Driver violated that statute, and such violation constitutes evidence of negligence (and, where the statute is a strict-liability traffic regulation, negligence per se) under Florida law, which was a proximate cause of the Subject Crash and of Plaintiff's injuries and damages.

6. COUNT III — VICARIOUS LIABILITY / DANGEROUS INSTRUMENTALITY (Against Defendant Owner)

22. Plaintiff readopts and realleges Paragraphs 1 through 21 as though fully set forth herein.

23. The Subject Vehicle is a "dangerous instrumentality" under Florida common law. At the time of the Subject Crash, Defendant Owner was the owner of the Subject Vehicle and entrusted it to Defendant Driver, who operated it with Defendant Owner's knowledge and consent.

24. Under Florida's dangerous-instrumentality doctrine, and/or by respondeat superior where Defendant Driver acted within the course and scope of employment or agency, Defendant Owner is vicariously liable for the negligence of Defendant Driver.

25. In the alternative, Defendant Owner negligently entrusted the Subject Vehicle to Defendant Driver with actual or constructive knowledge of Defendant Driver's incompetence or unfitness, which was a proximate cause of the Subject Crash and Plaintiff's damages.

7. DAMAGES

26. As a direct and proximate result of Defendants' conduct, Plaintiff has sustained and seeks recovery of:

• Economic damages: past and future medical, hospital, surgical, and rehabilitative expenses; past lost earnings; future loss of earning capacity; and property damage to the Motorcycle and personal protective equipment.
• Non-economic damages: past and future bodily injury, pain and suffering, disability, disfigurement and permanent scarring, mental anguish, inconvenience, and loss of the capacity for the enjoyment of life.

27. The injuries are either permanent or continuing in nature, and Plaintiff will suffer the losses in the future.

8. CONDITIONS PRECEDENT

28. All conditions precedent to the maintenance of this action have been performed, have occurred, or have been waived.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, for compensatory damages exceeding $50,000, together with costs of this action taxable under § 57.041, Fla. Stat., pre-judgment and post-judgment interest as allowed by law, and such other and further relief as this Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to Art. I, § 22, Fla. Const., and Fla. R. Civ. P. 1.430.

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Esq.

Florida Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER] | Email: [PRIMARY E-SERVICE EMAIL]

12. FLORIDA PRACTICE NOTES

• Statute of limitations — 2 years. Post-HB 837 (eff. March 24, 2023), § 95.11(5)(a), Fla. Stat., shortened general negligence claims from 4 years to 2 years for causes accruing on or after that date. Confirm the accrual date.
• Negligence regime — modified comparative fault, 51% bar. § 768.81(6), Fla. Stat. (2023): a plaintiff more than 50% at fault recovers nothing; otherwise recovery is reduced by the plaintiff's fault share.
• Motorcycles are outside PIP/no-fault. Per § 627.732(3), a motorcycle is not a "motor vehicle"; the PIP statute and the § 627.737 verbal threshold do NOT apply, so a motorcyclist may recover non-economic damages without meeting that threshold. Do not plead PIP compliance.
• Helmet law. § 316.211 requires helmets under 21; 21+ may ride without one with $10,000 medical coverage.
• UM/UIM. Identify and pursue the rider's own UM/UIM coverage; BI liability is not mandatory in Florida.
• Forum and venue. Circuit Court (§ 26.012); venue under § 47.011.

13. SOURCES AND REFERENCES

• § 95.11(5)(a), Fla. Stat. (2-year negligence limitation, per 2023 HB 837) — http://www.leg.state.fl.us/statutes/
• § 768.81, Fla. Stat. (comparative fault; 51% bar) — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
• § 627.732, § 627.736, § 627.737, Fla. Stat. (PIP / no-fault; motorcycle exclusion)
• § 316.122 (vehicle turning left); § 316.121 (right-of-way); § 316.1925 (careless driving); § 316.211 (motorcycle equipment/helmet), Fla. Stat.
• § 26.012, § 47.011, § 57.041, Fla. Stat.; Fla. R. Civ. P. 1.430
• HB 837 (2023 tort reform) — https://www.flsenate.gov/Session/Bill/2023/837
• deJesus v. Seaboard Coast Line R.R., 281 So. 2d 198 (Fla. 1973) (negligence per se)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Florida must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.